国际法律,尤其是国际贸易法律,往往遵循着一个原则——最低限度一致(俗称公平性原则)。这个原则导致了许多的国际贸易法案和协议中存在着极大的漏洞和弹性,往往使贸易纠纷屡屡出现,最终变成各执一词却又无法推翻对方的情况。本文试图通过一些案例说明这个原则的弊病,希望国际贸易最终能够向透明化和制度化进一步发展,从而真正刺激全球贸易一体化的进程。 International law, especially international trade law, often follows one principle - the least agreement (commonly known as the principle of fairness). This principle has led to many loopholes and flexibilities in many international trade bills and agreements that often lead to the emergence of trade disputes that eventually turn out to be coherent but unable to overthrow each other. This article attempts to illustrate the shortcomings of this principle through some cases and hopes that eventually international trade will further develop toward transparency and institutionalization so as to truly stimulate the process of global trade integration.